(2) If an interpreter is required to conduct the mediation process, it is the responsibility of the party needing the interpreter to pay for and/or provide one. A family member should not be used as the interpreter without the consent of the other party and opposing counsel. The interpreter’s role shall be strictly limited to that of interpreting, not offering opinions or suggestions. ( j) Outcome of mediation services shall be reported to the court as follows: (1) If the mediation is successful in resolving any of the custody, access or visitation issues, a written agreement shall be submitted to the court. (2) In the event that agreement is not reached, the mediator shall notify the court in writing that mediation has been concluded and an agreement was not reached. (3) If one or both parties fail to appear at any mediation conference, the mediator shall report the identity of each person who failed to appear to the court. The court may, thereafter, take whatever action it deems necessary or appropriate, including imposing sanctions. (4) A partial parenting agreement outlining any unresolved issues may be submitted. The partial parenting agreement may include options A and B, which will describe each parent’s desired outcome, to be determined by the court. (k) If both parties agree to remediate after initially mediating through FMC, mediation can again be offered by FMC. The previous parenting agreement must have been signed by a judge. Any outstanding fees must be paid in full before services are initiated. (l) The FMC mediator or private mediator shall not conduct an evaluation of the parties after mediation or as part of the mediation process. Additionally, the FMC mediator or private mediator shall not provide written or verbal recommendations as part of the mediation process. (m) The Family Division may adopt and approve forms which private practitioners are required to use. Upon notification, the court has the discretion to modify, amend, or supplement the existing forms or add new forms. (n) FMC fees may be assessed to parties referred to mediation based upon a sliding fee scale. The minimum fee for each party shall be $50.00 and the maximum fee for each party shall be $200.00. Parties who are receiving public assistance shall receive a fee waiver for mediation services upon verification of benefits. Nonpayment of these fees may subject the party to the issuance of an order to show cause why the party should not be held in contempt. (o) FMC mediators shall have the following minimum qualifications: (1) Law Degree or Masters Degree in psychology, social work, marriage and family therapy, counseling or related behavioral science. (2) Sixty hours child custody and divorce mediation training including a minimum of 4 hours of domestic violence training, sponsored by the Association of Family and Conciliation Courts or approved by the Academy of Family Mediators. (3) Three years experience in the domestic relations arena conducting child custody mediation. (p) FMC mediators must complete 15 hours continuing education each calendar year. The areas of training may include, but are not limited to the following: mediation models, theory, and techniques; the nature of conflict and its resolution; family law; the legal process, and case law relevant to the performance of mediation; substance abuse; recent research applicable to the profession; family life cycles: divorce, family reorganization, and remarriage; child development; crisis intervention; interviewing skills; domestic violence, including child abuse, spousal abuse, and child neglect, and the possibility of danger in the mediation session; parent education; sensitivity to individual, gender, racial, and cultural diversity and socioeconomic status; family systems theory; the development of parenting plans, parental alienation syndrome and the role of parenting plans in the family’s transition. (q) FMC mediators shall adhere to the Model Standards of Conduct for Mediators as jointly developed by the American Arbitration Association, American Bar Association and Society of Professionals in Dispute Resolution. [Replaced; effective September 27, 1998; amended; effective August 21, 2000.] Rule 5.80. Filing fee to reopen cases. Pursuant to applicable law, a fee of $25 is payable to the county clerk upon the filing of any motion or other paper that seeks to modify or adjust a final order that was issued pursuant to NRS chapters 125, 125B, or 125C and on the filing of any answer or response to such a motion or other paper, excluding motions filed solely to adjust the amount of child support set forth in a final order and motions for reconsideration or for a new trial that are filed within 10 days after a final judgment or decree has been issued. At the time of filing the motion or other paper to reopen the case, a completed Fee Information sheet shall also be filed. [Added; effective May 21, 2003.] Rule 5.81. Resolution of parent-child issues. (a) Unless otherwise directed by the court, all contested family matters involving minor children must be submitted to the judge prior to the setting of a trial date. A request that the judge consider these issues is made by the filing of a motion to resolve parent-child issues. The judge may refer contested child custody or visitation cases to the Family Mediation Center (FMC) for mediation. Any referral to FMC by the judge must be returned to the judge when completed by FMC unless otherwise directed by the judge. (b) Once a judge has resolved parent-child issues the same issues may not be raised by the parties without complying with Rule 5.29. [Amended; effective August 21, 2000.] Rule 5.85. Joint preliminary injunction. (a) At any time prior to the entry of a decree of divorce or final judgment and upon the request of either party in a family relations proceeding, a preliminary injunction will be issued by the clerk against both parties to the action enjoining them and their officers, agents, servants, employees or a person in active concert or participation with them from: (1) Transferring, encumbering, concealing, selling or otherwise disposing of any of the joint, common or community property of the parties or any property which is the subject of a claim of community interest, except in the usual course of business or for the necessities of life, without the written consent of the parties or the permission of the court. (2) Molesting, harassing, stalking, disturbing the peace of or committing an assault or battery on the person of the other party or any child, step-child or any other relative of the parties. (3) Removing any child of the parties then residing in the State of Nevada with an intent or effect to deprive the court of jurisdiction as to the child without the prior written consent of all the parties or the permission of the court. (b) The joint preliminary injunction will be automatically effective against the party requesting it at the time it is issued and effective upon all other parties upon service. The injunction is enforceable by all remedies provided by law including contempt. (c) Once issued, the joint preliminary injunction will remain in effect until a decree of divorce or final judgment is entered or until modified or dissolved by the court. [Amended; effective August 21, 2000.] Rule 5.86. Reserved. Rule 5.87. Meetings of counsel before calendar call or final pre-trial conference; pre-trial memorandum. (a) Prior to any calendar call, the designated trial attorneys for all the parties must meet together to exchange their exhibits and list of witnesses, and arrive at stipulations and agreements, all for the purpose of simplifying the issues to be tried. The plaintiff must designate the time and place of the meeting which must be within Clark County, unless the parties agree otherwise. At this conference between counsel, and the court if the court decides to be involved in the pre-trial conference, all exhibits must be exchanged and examined and counsel must also exchange a list of the names and addresses of all witnesses, including experts, to be called at the trial. Each attorney must then prepare a pre-trial memorandum which must be served on the opposing party and filed not less than 10 days before the scheduled calendar call. (b) The pre-trial memorandum must be as concise as possible and must state the date the conference between the parties was held, state the persons present, and include in numerical order the following items: (1) A brief statement of the facts of the case, including: (A) The names and ages of the parties. (B) The date of the marriage. (C) Whether any issues have been resolved and the details of the resolution. (D) The names, birth dates and ages of any children. (2) If child custody is still unresolved, proposed provisions for custody and visitation. (3) If child support is still unresolved, the amount of support which is requested and the factors that the court should consider in awarding support. (4) If spousal support is requested, whether the support is permanent or rehabilitative, the amount of support requested, the duration for which support is requested, and the factors that the court should consider in awarding support. (5) A brief statement of contested legal and factual issues regarding the distribution of property and debts. (6) If a request is being made for attorney’s fees and costs, the amount of the fees and costs incurred to date. (7) Any proposed amendments to the pleadings. (8) A list of all exhibits, including exhibits which may be used for impeachment, and a specification of any objections each party may have to the admissibility of the exhibits of an opposing party. If no objection is stated, it will be presumed that counsel has no objection to the introduction into evidence of these exhibits. (9) A list of the witnesses (including experts), other than a resident witness, which each party intends to call, and the address of each witness. Failure to list a witness, including impeachment witnesses, may result in the court’s precluding the party from calling that witness. (10) If spousal or child support is at issue, a current Affidavit of Financial Condition.

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